Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 17 MACT 194/23
URMILA AND ANR Vs. JOGINDER SINGH AND ANR
26.09.2025
Present: Sh. Satender Kr, Ld. Counsel for petitioner.
R1 has already been proceeded ex parte vide order dt
30.01.2025.
Sh. Atul Prashar, Ld. Counsel for R2/insurance co.
Pleadings of the parties are complete on record. On the basis
of pleadings, following issues are hereby framed as under :-
(i) Whether deceased died on account of injuries
sustained in accident having taken place on 14.01.2023
at about 04:00 a.
m.
at NH-44, Saha Pul, GT Road, Shahabad
, within the jurisdiction of PS
Shahabad
, District Kurukshetra
due to rash and negligent driving of driver
of vehicle No. NL01G- 9355
i.e. by respondent no. 1? OPP.
(ii) Whether petitioner is entitled to compensation? OPP.
(iii) Which of the respondents is liable for payment of
compensation to petitioner? OPP.
(iv) Relief.
Both sides are ready if the evidence shall be recorded through
Local Commissioner.
In view of the judgment of Hon’ble Supreme Court of India
in Gohar Mohammad Vs. Uttar Pradesh Road Transport Corporation & Ors.
2022 SCC Online SC 1769, evidence shall be recorded through Local
Commissioner.
The cost of evidence shall be borne by the insurance
company i.e. Rs.3,000/- per witness.
Lately, Central Motor Vehicle Rules, 1989 has been amended
by way of Central Motor Vehicles (5th Amendment) Rules, 2022 effective
from 01.04.2022. By way of inclusion of Rule 150A in MV Rules, 1989,
concept of Recording of Evidence by way of Local Commissioner has been
introduced.
In the light of the above so as to achieve timely and
expendient decision on this case, with the consent of the parites, a decision
is arrived at for recording of evidence by way of Local Commissioner. The
evidence shall be recorded as per under-mentioned Protocol drafted for this
purpose. ‘Protocol for Recording of Evidence through
Court Commissioner in MACT’
A. Statutory Provisions:
Motor Vehicles Act, 1988
Section 169. Procedure and powers of Claims Tribunals -
(1) In holding any inquiry under Section 168, the Claims Tribunal may, subject to any
rules that may be made in this behalf, follow such summary procedure as it thinks
fit.
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(2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of
taking evidence on oath and of enforcing the attendance of witnesses and of
compelling the discovery and production of documents and material objects and
for such other purposes as may be prescribed; and the Claims Tribunal shall be
deemed to be a Civil Court for all the purposes of Section 195 and Chapter 26 of
the Code of Criminal Procedure, 1973 (2 of 1974).
(3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for
the purpose of adjudicating upon any claim for compensation, choose one or more
persons possessing special knowledge of and matter relevant to the inquiry to
assist it in holding the inquiry.
(4) For the purpose of enforcement of its award, the Claims Tribunal shall also have
all the powers of a Civil Court in the execution of a decree under the Code of Civil
Procedure, 1908 (5 of 1908), as if the award were a decree for the payment of
money passed by such court in a civil suit.
Central Motor Vehicle Rules, 1989
Rule 150A. Procedure for investigation of road accident* - The procedure to be
followed for investigation of all accidents arising out of the use of motor vehicles shall
be in accordance with Annexure-XIII and in the manner of submission and form,
including electronic submission on such Portal as may be specified.
*(Inserted vide Central Motor Vehicles (5th Amendment) Rules 2022 effective from
01.04.2022)
Annexure XIII – Procedure for investigation of Motor Vehicle Accidents -
Clause 29 - In case of non-settlement, the Claims Tribunal shall conduct an enquiry
and pass an award within thirty (30) days*
If the offer of the Insurance Company is not fair or is not acceptable to the claimant(s)
or if the Insurance Company has any defence available to it under law, the Claims
Tribunal shall proceed to conduct an inquiry under Sections 168 and 169 of the Motor
Vehicles Act, 1988. The claims Tribunal shall pass an award after hearing the parties,
within nine months from the date of accident.
Clause 30 – Cases where the Insurance Company disputes the liability*
If the insurance company disputes the liability to pay the compensation, it shall
disclose the grounds of defence in Form-XI. If the Claims Tribunal considers the
recording of evidence necessary, the Claims Tribunal shall conduct an inquiry in
terms of Sections 168 and 169 of Motor Vehicles Act, 1988 to be completed within
one year from date of accident. If the Claims Tribunal is unable to complete the
inquiry within one year, it shall record reasons thereof in the award. The claims
Tribunal may direct the recording of the evidence by the Local Commissioner, if the
Insurance Company is willing to bear the fees of the Local Commissioner.
*(Inserted vide Central Motor Vehicles (5th Amendment) Rules, 2022 effective from
01.04.2022)
B. Recording of Evidence by Court Commissioner
1. Preparation for Assignment
i) Recording of evidence in Cases where insurance company disputes the
liability
- Recording of evidence in cases where Insurance Company disputes
liability shall be carried out by the Local Court Commissioner appointed by
the Presiding Officer of the Tribunal
Explanation: For reasons to be recorded, Tribunal may retain the case for
recording of evidence before itself.
ii) Appointment of Court Commissioner - As per the protocol, on the date of
identification of issues, the Tribunal shall pass the order for appointment of
Court Commissioner.
iii) Copy of order be shared with parties and Court Commissioner - Copy of the
order of framing of issues, appointment of Court Commissioner and the
schedule of recording of evidence shall be supplied to the parties as well as
the Court Commissioner.
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iv) Parties to cooperate - It is expected of both the sides that they will cooperate
with Court Commissioner as well as with each other in recording of evidence
and carry out proceedings in a cordial manner.
2. Recording of Evidence
i) Filing of list of witnesses- Both sides shall file list of witnesses preferably
within Three Days but not later than one week of identification of issues
before the Tribunal while sharing an advanced copy thereof with the opposite
Party/Parties.
ii) Order of assignment of Case to the Court Commissioner- While assigning the
case, Tribunal may pass an Order covering following aspects:
a) Schedule of evidence - Recording of evidence shall start within Ten days
of identification of issues. Evidence shall continue on day-to-day basis,
till conclusion. Claimant shall lead the Evidence First, followed by
Respondents chronologically.
Any alteration in schedule for recording of evidence, if needed, shall be
decided by the Court Commissioner as per convenience of all concerned,
to the extent possible.
b) Time Period - Claimant’s evidence shall be concluded within Four weeks
of initiation. Respondent’s Evidence shall be concluded within Two
Weeks after conclusion of Claimant’s Evidence.
In case, for any reason the parties are unable to adhere to the time
schedule, extension can be sought from the Tribunal but not beyond
additional Two Weeks.
c) Access to Copy of the Trial file - Tribunal shall ensure that the parties as
well as the Court Commissioner are provided access to copy of the
File/Document on demand.
d) Examination-in-Chief – The Examination-in-Chief shall be filed by way
of affidavit. Its Copy shall be supplied to opposite party. However, no
adjournment shall be granted for Cross Examination and the same shall
be carried out on the day the Affidavit is filed.
e) Production of documents for cross-examination - In case the opposite
side is desirous of production of any document by the witness or any
other entity for the purpose of cross-examination, an application
requesting the same shall be moved well in advance before the Tribunal.
3. Duty of Court Commissioner
i) Place and Time - Court Commissioner shall record evidence either in the
sitting space available in the Court Room or Lawyer’s Chamber or Judges/Bar
Library or any other public place within the Court Complex as mutually
agreed by both sides. Evidence shall be recorded between 10.00 AM to 5.00
PM. It can carry on beyond 5.00 PM as well in case both parties agree. It can
even be recorded on a holiday if all the stakeholders are comfortable and
agree to the same.
ii) Chronology of recording - Court Commissioner shall proceed to record the
examination by first recording the deposition of litigating party before
examining additional summoned witnesses.
iii) Oath to witnesses - Court Commissioner shall administer oath to the witnesses
under examination as a delegatee of the Tribunal as per Oaths Act, 1969.
iv) Recording of evidence - The evidence shall be preferably typed on a
computer.
v) Comfortable sitting space - Witnesses and their Counsel shall be provided
comfortable sitting space by the Court Commissioner.
vi) Exhibition of documents - Court Commissioner shall exhibit all the
documents sought to be proved by a party on record. In case of any objection
to exhibition of the documents by either side, the objection shall be recorded
in some detail and left open with an assurance that mere marking of such
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exhibits will not be treated as conclusive proof thereof and that admissibility
of such document shall be decided by the referral Tribunal at final stage.
vii) Original documents to be retained by parties - Original documents shall be
retained by parties. Court Commissioner shall sign the exhibits with an
endorsement OSR (original seen and returned) wherever necessary.
viii) Language - Recording of evidence shall preferably be carried out in English
or Court language, as the case may be, unless requested by the parties
otherwise.
ix) Adjournments - Once started, the Evidence shall preferably continue on day-
to-day basis. In case of any hardship viz. ill health etc. the case can be
deferred but preferably not later than a week. In case an evidence schedule is
fixed and adjournment is sought by the opposite side, i.e. the side other than
who is leading evidence, without 24-hour advance notice, the cost of that
day's proceedings shall be borne by the defaulting party.
Explanation: In case a witness scheduled to be examined or under
examination is reported to be unwell or unavailable, the party leading the
evidence shall produce the next witness in line in the list for recording of
evidence.
x) Recording of objections - All the objections raised during
cross-examination/re-examination shall be recorded in the deposition under
title objections and shall be left open for the decision of the Tribunal at the
stage of final arguments. Witness shall not refuse to answer the question
asked.
xi) Questions to be allowed - In case Court Commissioner finds any question not
related to the fact and issue, he shall record his objection but shall allow the
question to be put and witness must answer.
xii) No third person intervention - Court Commissioner shall ensure that the
witness is not assisted by his Counsel or any other person while under
examination in answering the questions.
xiii) Recording of demeanour of witness - Court Commissioner shall record the
demeanour of the witness wherever it is found pertinent and necessary for
sharing with the Tribunal.
xiv) Copy of evidence - All parties shall be provided uncertified copy of the
evidence recorded, free of cost.
xv) Safe keeping of original deposition - Court Commissioner shall keep the
original depositions in his safe custody till such time they are filed in the
Tribunal in original upon completion of each witness individually.
xvi) Miscellaneous proceedings - Court Commissioner shall maintain a
miscellaneous proceeding sheet for each day of work and shall submit it in the
Court at the time of submission of final report.
xvii) Hostile Witness - In case a witness is sought to be declared hostile, then Court
Commissioner shall refer both the parties to the Tribunal at the earliest and the
Tribunal shall decide the issue within three days.
4. Miscellaneous
i) Summoning of Witness
a) Summons from Tribunal - In case a litigating party is desirous of
summoning a person for deposition or production of documents, it shall
obtain summons from the Tribunal with an endorsement that such person
shall appear before the address of Court Commissioner on scheduled
date, time and place.
b) Diet Money - Diet money shall be paid to such witness by the party
desirous of summoning as per rules.
ii) Advisory to Court Commissioner - While recording the evidence on
commission, the Court Commissioner shall ensure the following:
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a) Impartial - Court Commissioner shall conduct himself in an impartial
way and behave in an indiscriminate manner while recording of
evidence.
b) Polite - Court Commissioner shall be polite with the witness and
other stakeholders while recording of evidence.
c) Confidentiality - Court Commissioner shall maintain confidentiality
during the whole process.
d) Keeping professional distance - Court Commissioner shall not solicit
professional work from the parties.
e) Integrity - Court Commissioner shall not accept remuneration or any
favour in cash or kind from the parties over and above the
honorarium fixed by the Tribunal.
f) Non-judgmental - Court Commissioner shall not criticize the
professional conduct of lawyers and litigating parties on their
understanding of law.
g) Punctuality - Court Commissioner shall adhere to time schedules and
shall not make excuses like being engaged in some personal or Court
work etc.
h) Coordination - In case of any unforeseen circumstances warranting
change of dates of hearing, for his own case or the request of other
side, he shall apprise the other side in advance via phone call, email,
SMS etc.
i) No third-party sharing - Court Commissioner shall not allow the
deposition to be inspected by any third party and shall not share a
copy thereof with any stranger without permission of the Tribunal.
j) Inspection - Court Commissioner shall not allow any party to inspect
the recorded proceedings in his absence.
k) Recusal - In case either of the parties or Counsel for the parties are
related or closely known to Court Commissioner, he/she shall recuse
self from the case and inform the referral Tribunal.
iii) Remuneration of Court Commissioner –
i. Remuneration - In terms of Clause 30 of ‘Procedure for Investigation
of Motor Vehicle Accidents’ under Rule 150A of Central Motor
Vehicle Rules read with Order 18 Rule 4 of the CPC read with Order
26 of the CPC, Court Commissioner shall be paid remuneration for
the work carried out.
ii. Mode of payment - Such remuneration shall be paid by the Insurance
Company/Claimant directly for the work carried out by way of cash,
cheque or digital mode.
iii. Payment by Insurance Company - The cost of Recording of Evidence
by both the sides shall be borne by the Insurance Company, in cases
where Offending Vehicle is Insured.
iv. Court Commissioner’s Fee - Fee for recording of evidence is fixed at
Rs.3,000/- per Witness, all inclusive.
5. Judicial Intervention during recording of Evidence -
i. Dissolution of hindrances - In case of any conflict resulting into
hindrance recording of evidence, it shall be resolved amicably by the
parties at their own level with the active help of the Court
Commissioner.
ii. Closure of Evidence – In case a Party fails to Examine any Witness
despite opportunity, the Court Commissioner or the opposite Party
can request the Tribunal to close the right of the defaulting party to
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lead Evidence.
iii. Court intervention - However, in case of any unforeseen situation
requiring judicial intervention, Court Commissioner shall fix date
and time for joint appearance of both sides before the Tribunal for
removal of any such impediment.
6. Miscellaneous Applications
i. Moving the application - In case either of the parties is desirous of
moving any miscellaneous application it shall share an advance copy with
the opposite side and reply thereof, if any, shall be filed and shared within
seven days.
ii Date of hearing - Upon receipt of reply, both the sides shall get the
application fixed for disposal in the Tribunal with the help of Reader of
the Court and shall not wait till next date fixed for hearing.
iii. Evidence not to be stalled - It is clarified that, unless Court Commissioner
is of the view that the interim application moved by either of the parties is
such that evidence cannot be recorded before its disposal, the recording of
PE/DE shall continue unabatedly.
Sh. Rishabh Chwla, Advocate Enrolment No. D/5848/2022,
Chamber No. G-25, 1st floor, Karkardooma Court, Delhi-32 (mobile No.
7988732619 & 9650249425), is hereby appointed as Local Commissioner
and he shall file the report by the next date.
Payment be made to Ld. LC by way of cash, cheque or digital
mode by the Insurance Company (in case where offending vehicle is
insured) as per provisions of Motor Vehicles Act, 1988.
Copy of the order be given dasti to parties. Copy of order be
also sent to Learned Local Commissioner.
All the parties are directed to examine all the witnesses from
petitioner as well as respondent side within the time frame.
Matter be put up before undersigned after completion of
evidence for further proceedings on 13.02.2026.
(DEVENDER NAIN)
PO/MACT/NE/KKD/DELHI/26.09.2025
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